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New regulation for apartments with touristic purposes

The Junta de Andalucía has just published the Decree 28/2016, which hereafter will regulate the functioning and controlling of the so-called ‘apartments with touristic purposes’ in Andalusia.

This regulation appears with the aim of finishing with a clandestine reality that was becoming more popular in Spain, especially in Andalusia and its massive influx of tourism: the preference of tourists in establishing closer relations with the local residents, booking private apartments rather than conventional hotel establishments and more.

Based on the following list of characteristics it is possible to differentiate the apartments for touristic purposes, as defined by this rule, from others:

  • They are located on land for residential purposes (it is no possible to establish them on land where urban regulation determines a service usage, such as, commercial, office or hotel purposes).
  • There must be an established price for the accommodation.
  • The service should be offered regularly and for touristic purposes, which will be presumed in case the service is published by means of any touristic channel, such as travel agencies, organizing companies or any other channel which offers a booking option, for example a Website.
  • There are two modalities of apartments for touristic purposes: complete modality or per rooms.

Besides, the Decree highlights four cases where the regulation would not apply:

  1. When there is no economical remuneration for the touristic accommodation.
  2. When the booking period exceeds two consecutive months by the same user. In this scenario an existing regulation for Let will apply.
  3. When the apartment is located on rural land, with its own specific rule.
  4. When there are groups of three or more apartments that belong to the same owner or operator located in the same building or group of buildings, contiguous or not, since the regulation for ‘touristic apartments’ would be already in force.

As a result of this new rule, the apartments that fit under the concept for touristic purposes should meet the minimum requirements of security and quality guarantee in order to avoid unfair competitive environment with respect to other touristic installations. However, these requirements established by the Junta for these apartments are proportional and lighter than the ones referring to other kind of touristic accommodation.

From the 11st of May of the present year, it will be necessary to register at the Andalusian Touristic Registry to be entitled to offer an apartment for touristic purposes. Otherwise it will be considered as a clandestine activity, which could be subject to inspection and a fine. Nevertheless, a one-year period has been granted for the given apartments to meet any of the necessary requirements as outlined by the new regulation.

With this in mind, at Lexland we have highly skilled professionals who specialize in Real Estate and Urban Law and who can offer advice tailored to your needs and with assurance that the given advice fully complies with the new regulations.